1. Employee vs. Employer Contributions
401(k) plans often include both employee and employer contributions. In a QDRO, both must be addressed, but only vested employer contributions are eligible for division with a former spouse. If, for example, the participant is only 60% vested in the employer match, then only the vested portion can be split. The QDRO must clarify whether both are to be divided or only the employee-funded account.

